Problems Associated With The Recovery Of Premises In Imo State

Description

TABLE OF CONTENT

Tittle page- — – – – – – – – – – – – – – – – – – – – – – – – – – – – – — -i

Certification– – – – – – – – – – – – – – – — – – – – – – – – – – – – – – -ii

Dedication- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -iii

Acknowledgement-  – – – – – – – – – – – – – – – – – – – – – – – – – – -iv

Table of content- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – v

Abstract  – – – – – –  – – – – – – – – – – – – – – – – – – – – – – – – – – – -vi

CHAPTER ONE

1.0 Introduction- – – – – – – – – –  – – — – – – – – – – – – – – – – – – -1

1.1 Background of the study- – – – – – – – – – – – – – – – – – – – – —1

1.1 Statement of the problem—- – – – – – –  – – – – – – – – – – —  -2

1.2 Aims and objective- – – – –  – – – – – – – – – – – – – – – –  – – – – 2

1.3 Research questions- – – – – – – – – – – – – – – – – – – – – – – – -3-4

1.4 Significance of the study- – – – – – –  – – – – – – – – – – – – – – – 4

1.5 Scope of the study- —  – – – –  – – – – – – – – – – – – – – – – – – -5

1.6 Definition of terms – – – – – – – – – – – – – – – – – – – – – – – – -5-7

CHAPTER TWO                     

2.0 Literature review- –  – – – – – – – – – – – – – – – – – – – – – – – 8-12

2.1 Introduction– – – – – – – – – – – – – – – – – – – – – – – – – – – – – 8

2.2 Nature and relationship between landlord and tenant- – – -12

2.3 Tenant obligation– – – – – – – – – – – – – – – – – – – – – – – -12-14

2.4 Landlord obligation- – – – – — – – – – – – – – – – – – – – – – – – -15

2.5 Procedure for obtaining possession of resident premises16-18

2.6 Proper method of serving notice- –  – – – – – – – – – – – – -18-19

2.7 Illegal actions by landlord/agent- – – – –  – —  – – – – – – -19-20

2.8 Statutory notice — – – – – — – – – – – – – – – – – – – — – – -20-23

2.9 Problems with the law court- – – – — – – – – – – – – – – – – – –23

2.10 problem with the lawyer- – – – – – — – – – – – – – – – – – – – -23

CHAPTER THREE

3.0 Research methodology – – — – – – – – — – – – – – – – – – – – – -24

3.1 introduction – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 24

3.2 research design — – – – – – – – – – – – – – – – – – – – – – – – – -25

3.3 population of the study- – – – – – – – – – – – – – – – – – – – – – -26

3.4 method of data collection – – – – – – – – – – – – – – – – – – —  -26

3.5 Questionnaire design  – – – – – – – – – – – – – – – – – – – – – 26-27

CHAPTER FOUR

4.0 presentations and analysis of data — – – – – – – – – – – – – – – 28

4.1 presentation  of data- – – – – – – – — – – – – – – – – – – – 28-36

CHPTER FIVE

5.0 Summary/ conclusion and recommendation – – – – – – – – – 37

5.1 Summaries- – – –  – – – – – – – – – – – – – – – – – – – – – – – -37-39

5.2 Recommendations– – – – – – – – – – – – – – – – – – – – – – – 39-41

5.3 Conclusions — — – – – – – – – – – – – – – – – – – – – – – – – – 41-44

Reference- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -43

ABSTRACT

The leasing of residential premises either by the state agent or landlord to tenant within Owerri Municipal is often associated with problems ranging from branch of both tenant and landlord covenant, forceful ejection of the tenant and wrong procedure  of recovering of possession  etc. which invariable result in cumbersome processes of litigation. As a result of this mutation the Imo State Government enacted the rent control and recovery of premises Edict No3 of 1997, to regulate procedure for recovery of premises and check the spat of forceful and unlawful eviction of tenants. Despite the promulgation these problems still persist which now has become great concerns   to the Government as well as the Estate surveyors and value in general. This research work examines the course of these   problems and suggests solution by using the writes experience on from Estate surveyor’s value In view of the forgoing; the work was divide into five chapters.

 CHAPTER ONE

• BACKGROUND OF THE STUDY

The major low dealing with landlord and tenant relationship was the recovering of residential premises Act (1977) laws of Imo State. This act focused mainly on the absence of rent control laws makes some landlord charge exorbitant and unreasonable rent for that property.

This is the reason that Imo State Government enacted the arent control and recovery of residential premises Edit No 3 of (1977) to regulate and control rent payable by tenant to their landlord and also the mode of recovery premises by the landlord from the tenants.

Since the existence of the edicts for many years the Edict has not been achieved due to the problems inherent in the recovery of premises and the poor administration of the low. Low in view of this the researcher elaborates on the problems associated with the recovery of premises in Imo State. In order to proper solution to the problems identified

• STATEMENT OF THE PROBLEMS

This study is meant to identify the problems associated with the recovery of premises. These problems have created some concern in the mind of people hence the needs for the research. some of the problems the researcher identify are;

• Emergency of lawyers as property agents is not encouraging.
• Too much time wasted in litigation
• Occupation of illicit tenants is made a problem
• Ignorant of the relevant law in recovery of premises.
• Un-informed tenants.
• AIM AND OBJECTIVES

The aims of this critical analysis are to find a way to solve the problems inherent in the procedure of recovery of residential premises using Owerri as a case study.

The objective of this study is;

1. To hook info the legal framework of creating landlord and the tenant relationship.
2. The research will assist in rent control in the state.
3. Establishing rent tribunal for the purpose of determination a standard rent.
4. To suggest possible ways to make the present edict for the recovery of premises workable in Imo state;
5. To suggest possible way to make recovery of premises case in our courts more effective.
   • RESEACH QUESTIONS

In order to achieve the purpose of this study the following research questions would be answered.

• Is rent edict effective in Owerri?
• What is your rent the law on the recovery of premises in Owerri?
• What is your assessment on the procedure in the recovery of premises in Owerri do you think it is cumbersome?
• Considering the delay in our court processes do you think it is better to recover premises through count notices process?
• Do you think is proper for landlord to forcefully edict tenants.
• Exorbitant rent could lead to a break up of the relationship between landlord, tenant. What do you think will be solution to these problems.
• What are the problems encountered in the recovery of premises.

 

• SIGNIFICANCE OF THE STUDY

the important of the study is to direct all the landlord, agents and lawyers that are in charge of any premises in Owerri to understand the procedure for recovery of residential premises. It will be useful for the government in making policies for the recovery of premises and also help both the landlord and tenant in knowing their rights and obligation as it concerned the recovery of premises.

• SCOPE OF THE STUDY

The scope of this study is to identify the problems that associated with the recovery of residential premises. The work will concern itself with the recovery of residential premises. This research will locus examines the procedure for the recovery of the premises.

• DEFINITION OF TERMS

A)PROPERTIES;- according to Hanks (1988) defined property as land or real estate, immovable property especially freehold. Real property is the interest, benefit and right inherent in the ownership of the physical estate. Also property can be seen as anything capable of ownership. It is the bundle right with which the ownership of real estate is empowered. For instance land buildings land is the fundamental necessity of life. It is very base and framework on and a nation function, political and economic activities of a nation function. The production and utilization of social and economic resource cannot be done or achieved without land or real estate. In one way or the other land provides the shatter, privacy, work place service, and recreation that are crucial, for business organizations and the nation in general.

1. MANAGEMENT;- refers to the techniques, practices or science of controlling or that skilful or resourcefully use of material times etc. it is the administrating or controlling directing the business affairs of an organization Hanls (1988) management signifies that directing controlling and supplying any industrial or business project or Croft (1965) defined property management as the direction and supervision of an interest in land and landed property with the aim of securing an optimum refine  this return need not always be financial but may be in terms of social benefits or group of goals.

A)RESIDENTAL PREMISES;- this is refers as a type of property that is used for dwelling houses residential premises may be in form of house, tenement building flats and ammonite. The provision of tenement building is now out of fashion and many investors are no longer interested in this type of investment thus like high yield expected from this form of property.

A)LANDLORD;- a person who rent land a building or an apartment to a tenant.

B)TENANT;-  one that pays rent to use or occupy land, a building or other property owned by another.

C)AGENT;– it is a person legally employed by the landlord to manage his property.

D)ACCOUMMODATION;– it refer as a place approved by the building authority to be a residence.

1. E) EDICT;– an edict is an announcement of a low often associated with monarchism. The pope and various micro national leaders are currently the only person who still issue edict.

 CHAPTER TWO

2.0 LITERATURE REVIEW

The rent controls represent an impotent use of the police power of government to regulate private practice affecting the leasing of real estate. Residential rent control has been wildly used in Nigeria to limit the contract rent tenants pay for the use of residential properties.

Public rent controls involve a substitution of legal and political determination of fair or warranted levels of contract rent for the economic levels that supposedly should emerge from the interaction of supply and demand factors in the market. Various state governments in Nigeria have rent control laws pegging the rent to be demanded by landlords for various types of residential properties in different edict No3 of 1977. The rent control Edict has been in existence since 1977 but the edict has not been effective in Owerri. According to Chika Udechukwu (2006, p.165-167) listed some factor that made the edict not to be effective